Law Summary
Definition and Scope of Public Service
- Public service encompasses individuals, copartnerships, associations, corporations, or joint-stock companies (domestic or foreign).
- Includes lessees, trustees, receivers appointed by courts, and government bodies operating within the Philippines.
- Covers entities operating for hire or compensation any of the following: common carriers (land and water), railroads, street railways, motor vehicles (fixed or non-fixed route), shipyards, marine repair, public warehouses, wharfs or docks (excluding customs jurisdiction), ice and refrigeration, canals, irrigation, pipelines, gas, electric light, heat, power, water, oil, sewer, telephone, wire or wireless telegraph systems, plants, or equipment.
- For common carriers, net earnings from private business use of equipment are considered in rate-fixing.
- Exclusions: ice and cold storage plants operated solely by the Federal Government for exclusive use, animal-drawn carts and ferries below two tons primarily carrying freight.
- The Commission's jurisdiction over vessels and airlines is limited to fixing maximum passenger and freight rates.
Certificate of Public Convenience Requirement
- No public service (except aviation services) may operate without a Certificate of Public Convenience issued by the Commission.
- This certificate signifies that the public service promotes public interest suitably.
- Existing public services at the law’s approval must pay fees and secure the certificate within 60 days.
- Public services requiring municipal, provincial, or legislative franchises must obtain a Certificate of Public Necessity and Convenience.
- Compliance with securing certificates and paying fees is mandatory; noncompliance may lead to revocation of rights and penalties by the Commission.
Special Provisions for Aviation Public Services
- Aviation public services must secure a franchise from the Philippine Legislature to operate.
- Those currently operating under a Certificate of Public Convenience must obtain a legislative franchise within one year from the law's effective date.
Effectivity
- The law took effect immediately upon approval on December 9, 1932.